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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 4,
TO 2011 SENATE BILL 93
June 21, 2011 - Offered by Representatives Pasch, Bewley, Pope-Roberts,
Bernard Schaber, Richards, Turner, Roys, Zamarripa, Young, E. Coggs, D.
Cullen, Toles, Sinicki
and Seidel.
SB93-AA4,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB93-AA4,1,5 31. Page 2, line 11: after "officers;" insert "sales and transfers of firearms;
4records from sales of firearms; possession of firearms by persons convicted of violent
5offenses that are not felonies;".
SB93-AA4,1,6 62. Page 2, line 14: before that line insert:
SB93-AA4,1,7 7" Section 1g. 20.455 (2) (gr) of the statutes is amended to read:
SB93-AA4,1,98 20.455 (2) (gr) Handgun purchaser record check fee. All moneys received as fee
9payments under s. 175.35 (2i) (a) to provide services under s. 175.35.".
SB93-AA4,1,10 103. Page 2, line 14: delete " Section 1" and substitute "Section 1r".
SB93-AA4,1,11 114. Page 11, line 3: after that line insert:
SB93-AA4,1,12 12" Section 35b. 175.33 of the statutes is created to read:
SB93-AA4,1,13 13175.33 Transfer of firearms; license required. (1) In this section:
SB93-AA4,2,2
1(a) "Family member" means a spouse, parent, grandparent, sibling, child, or
2grandchild. The relationship may be by blood, marriage, or adoption.
SB93-AA4,2,33 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB93-AA4,2,5 4(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
5ownership of a firearm, unless one of the following applies:
SB93-AA4,2,66 (a) The seller or transferor is a firearms dealer.
SB93-AA4,2,87 (b) The seller or transferor makes the sale or transfer to or through a firearms
8dealer and obtains a receipt under s. 175.35 (2j) (b).
SB93-AA4,2,109 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
10under s. 175.35 (2t).
SB93-AA4,2,1311 (d) The transferor is transferring ownership of the firearm to a family member
12by gift, sale, bequest, or inheritance, the transferee is not prohibited from possessing
13a firearm under s. 941.29, and the transferee is at least 18 years of age.
SB93-AA4,2,1714 (e) The transferor is transferring ownership of the firearm with the intent that
15the transfer be temporary, neither the transferor nor the transferee is prohibited
16from possessing a firearm under s. 941.29, and the purpose of the transfer is not
17prohibited by law.
SB93-AA4,2,18 18(3) Any person who intentionally violates sub. (2) is guilty of a Class G felony.
SB93-AA4, s. 35c 19Section 35c. 175.35 (title) and (1) (ag) of the statutes are amended to read:
SB93-AA4,2,21 20175.35 (title) Waiting period for purchase of handguns and records for
21purchases of firearms
.
SB93-AA4,2,25 22(1) (ag) "Criminal history record" includes information reported to the
23department under s. 938.396 (2g) (n) that indicates a person was adjudicated
24delinquent for an act that if committed by an adult in this state would be a felony or,
25if the adjudication occurred within the preceding 5 years, a violent nonfelony offense
.
SB93-AA4, s. 35d
1Section 35d. 175.35 (1) (bm) of the statutes is created to read:
SB93-AA4,3,32 175.35 (1) (bm) "Violent nonfelony offense" has the meaning given in s. 941.29
3(1g).
SB93-AA4, s. 35e 4Section 35e. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) and
5amended to read:
SB93-AA4,3,86 175.35 (2) When a firearms dealer sells a handgun firearm, he or she may not
7transfer possession of that handgun firearm to any other person until all of the
8following have occurred: requirements of sub. (2c) have been met.
SB93-AA4, s. 35f 9Section 35f. 175.35 (2) (a) to (d) of the statutes are renumbered 175.35 (2c) (a)
101. to 4., and 175.35 (2c) (a) 2. and 3., as renumbered, are amended to read:
SB93-AA4,3,1211 175.35 (2c) (a) 2. The transferee has completed the notification form described
12in sub. (2g) (b) 1.
SB93-AA4,3,1513 3. The firearms dealer has conveyed the information from the completed
14notification form to the department of justice as required by rule under sub. (2g) (b)
151. and requested a firearms restrictions record search.
SB93-AA4, s. 35g 16Section 35g. 175.35 (2b) of the statutes is created to read:
SB93-AA4,3,2217 175.35 (2b) When a person sells a firearm or transfers ownership of a firearm
18through a firearms dealer, the person may not transfer possession of that firearm to
19any person other than the firearms dealer, and the firearms dealer may not transfer
20or authorize the transfer of possession of that firearm to any person, until all of the
21requirements of sub. (2c) have been met. This subsection does not apply if a person
22sells a firearm, or transfers ownership of a firearm, to a firearms dealer.
SB93-AA4, s. 35h 23Section 35h. 175.35 (2c) (a) (intro.) and (b) of the statutes are created to read:
SB93-AA4,3,2524 175.35 (2c) (a) (intro.) All of the following must occur before a sale or transfer
25of a firearm that is a handgun occurs under sub. (2) or (2b):
SB93-AA4,4,2
1(b) All of the following must occur before a sale or transfer of a firearm that is
2not a handgun occurs under sub. (2) or (2b):
SB93-AA4,4,43 1. The transferee has provided identification as required by rule under sub. (2g)
4(a).
SB93-AA4,4,75 2. The firearms dealer has completed the notification form described in sub.
6(2g) (b) 2. and conveyed the information from the completed notification form to the
7department of justice as required by rule under sub. (2g) (b) 2.
SB93-AA4, s. 35i 8Section 35i. 175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b)
9(intro.) and amended to read:
SB93-AA4,4,1310 175.35 (2g) (b) (intro.) The department of justice shall promulgate rules
11prescribing a notification form forms for use under sub. (2) requiring the (2c) (a) 2.
12and (b) 2. The department shall make the forms available at locations throughout
13the state. The form shall do all of the following:
SB93-AA4,4,18 141. If sub. (2c) (a) describes the sale or transfer, require the transferee to provide
15his or her name, date of birth, gender, and race and social security number and other
16identification necessary to permit an accurate firearms restrictions record search
17under par. (c) 3. and the required notification under par. (c) 4. The department of
18justice shall make the forms available at locations throughout the state.
SB93-AA4, s. 35j 19Section 35j. 175.35 (2g) (b) 2. of the statutes is created to read:
SB93-AA4,4,2220 175.35 (2g) (b) 2. If sub. (2c) (a) or (b) describes the sale or transfer, require the
21firearms dealer to provide his or her name and contact information and information
22that identifies the firearm that was sold or transferred.
SB93-AA4, s. 35k 23Section 35k. 175.35 (2g) (c) (intro.) of the statutes is amended to read:
SB93-AA4,5,3
1175.35 (2g) (c) (intro.) The department of justice shall promulgate rules for
2firearms restrictions record searches regarding transferees under sub. subs. (2) and
3(2b)
, including procedures for all of the following:
SB93-AA4, s. 35L 4Section 35L. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
SB93-AA4,5,115 175.35 (2g) (c) 4. c. If the search indicates a felony charge or a violent nonfelony
6offense charge
without a recorded disposition, the deadline under sub. (2) (d) (2c) (a)
74.
is extended to the end of the 3rd complete working day commencing after the day
8on which the finding is made. The department shall notify the firearms dealer of the
9extension as soon as practicable. During the extended period, the department shall
10make every reasonable effort to determine the disposition of the charge and notify
11the firearms dealer of the results as soon as practicable.
SB93-AA4, s. 35m 12Section 35m. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
13amended to read:
SB93-AA4,5,1614 175.35 (2i) (a) The department shall charge a firearms dealer a $13 fee for each
15firearms restrictions record search that the firearms dealer requests under sub. (2)
16(c)
(2c) (a) 3.
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